Magistrate Edward King decided that ?the proof of the pudding is in the eating? when it comes to dog breeding.

Forty-four year-old Gino Brangman, of Orchard Grove, Pembroke is charged with breeding dogs sometime between October 1 and 10, 2003 with out a licence.

He is also charged with having more than three dogs on his property without permission from the Department of Environment.

Yesterday at Magistrates? Court, Brangman pleaded not guilty to breeding the 12 puppies but pleaded guilty to having more than three dogs on his property.

Richard Horseman represented Brangman and argued that breeding is when a dog is impregnated and not when the pups are born.

Mr. Horseman?s argument centred on this issue because if breeding was defined as the act of mating, the prosecution had missed its six-month window to try the case and would have to drop the charges.

Crown counsel Cindy Clarke replied, quoting the Oxford dictionary, that mating is, in essence, breeding.

Mr. King said the Dog Act is a perfect example of regulatory legislation and is in place to limit the number of dogs on the Island.

He decided: ?The proof of successful mating is the production of a litter.

?A mating that does not produce a litter causes no harm. The legislation is put in place to ensure that litters aren?t produced with out a licence.?

Brangman?s trial will continue today in Magistrates? Court.